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Title 50 — War and National DefenseRelease 119-73

§98e–2 Multiyear procurement authority for domestically processed critical minerals

Title 50 › Chapter CHAPTER 5— - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY › Subchapter SUBCHAPTER III— - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS › § 98e–2

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense can sign one or more multiyear contracts to buy critical minerals that are processed in the United States by domestic suppliers. These contracts must use money from the National Defense Stockpile Transaction Fund that is provided by discretionary appropriations Acts after December 22, 2023, and they remain subject to other applicable law. The contracts count as acquisitions under the Strategic and Critical Materials Stock Piling Act. The Secretary may start advance purchases in fiscal year 2024. Any U.S. payment for years after fiscal year 2024 depends on funds being appropriated for those later years. Definitions: critical mineral — a mineral officially listed as strategic and critical; processed — the processing or recycling steps used to make the mineral usable; domestic source — the legal definition of a U.S. supplier found elsewhere in law.

Full Legal Text

Title 50, §98e–2

War and National Defense — Source: USLM XML via OLRC

(a)Subject to section 3501 of title 10 and from amounts made available by discretionary appropriations Acts from the National Defense Stockpile Transaction Fund (as established under section 9(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(a))) after December 22, 2023, the Secretary of Defense may enter into one or more multiyear contracts for the procurement of critical minerals that are processed in the United States by domestic sources.
(b)A multiyear contract entered into under this section shall be deemed to be an acquisition under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).
(c)The Secretary of Defense may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the domestically processed critical minerals for which authorization to enter into a multiyear procurement contract is provided under subsection (a).
(d)A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
(e)In this section:
(1)The term “critical mineral” means a mineral determined to be a strategic and critical material under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).
(2)The term “processed” means the processing or recycling of a critical mineral or magnet, including the separation, reduction, metallization, alloying, milling, pressing, strip casting, and sintering of a critical mineral.
(3)The term “domestic source” has the meaning given that term in section 4552 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (b), is act
June 7, 1939, ch. 190, as added Pub. L. 96–41, § 2(a),
July 30, 1979, 93 Stat. 319, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables. Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the Strategic and Critical Materials Stock Piling Act which comprises this subchapter.

Reference

Citations & Metadata

Citation

50 U.S.C. § 98e–2

Title 50 — War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73